'Cases Go Haywire Because Lawyers Go On Strike' : Supreme Court Issues Notice To Rajasthan HC Jaipur Bar Association

In yet another instance of the judiciary expressing exasperation with lawyers strikes, the Supreme Court on Friday (November 3) issued notice to the Rajasthan High Court Bar Association at Jaipur Bench.

A Bench comprising Justices Abhay S Oka and Pankaj Mithal, was hearing a special leave petition against an adverse order passed by the Rajasthan High Court, Jaipur Bench, due to the non-appearance of advocates due to the lawyers’ strike.  Previously,  on September 27, the Court  had deprecated the Association’s conduct and the Rajasthan Bar Association, Jaipur Bench as well as the Bar Council of India.  

“It is unfortunate that High Court Bar Association at Rajasthan resolved to abstain from the court work and, therefore, the Court could not get assistance," the Court had observed in the earlier order. However, there was no appearance for the Association today since notice was not served on them. Therefore, the Court issued notice to the Bar Association to be send through the registrar of the High Court for effecting service.

"Cases go haywire because one day the lawyers go on strike,” the Court orally remarked today. Referring to the recent instance at the Aurangabad Bench of the Bombay High Court where the lawyers went on strike for five days, Justice Oka said, "This is happening in every High Court".

The Counsel appearing for the Bar Council submitted that the similar matter is pending in another Coordinate Bench. He further apprised the Bench that they have drafted the rules with respect of strike and the same is placed before the Coordinate Bench.

Back in 2021, Rajasthan High Court Bar Association, Jaipur, had tendered ‘unconditional & unqualified apology’ to the Supreme Court with respect to the contempt proceedings initiated against them for boycotting a bench of the High Court as part of a strike. The Association had also undertaken to not indulge in court boycotts in future.

The bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia had in September passed notice to a bar association in Odisha for suspending work to condole the death of a lawyer. The bench led by Justice Kaul had earlier asked the Bar Council of India to give details of the actions taken against Bar Associations for court boycotts.

In April 2023, the Supreme Court had directed all High Courts to constitute grievance redressal cells through which the advocates can raise their issues without resorting to strikes.

Case Title: M/S Rajasthan Medical Service Corporation Nilofar Khan Versus M/S Shivek Labs Limited And Anr., Slp(C) No. 22407/2023